Revolving Commitments. (i) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon the terms and subject to the conditions herein set forth, to make revolving credit loans denominated in Dollars (each a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Period in an aggregate principal amount not to exceed, when added to such Revolving Lender’s LC Exposure, the Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure exceed the Total Revolving Commitment. (ii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance with their respective Revolving Commitments; provided, however, that the failure of any Revolving Lender to make any Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lend.
Appears in 16 contracts
Sources: Credit and Guaranty Agreement (American Airlines, Inc.), Credit and Guaranty Agreement (American Airlines, Inc.), Credit and Guaranty Agreement (American Airlines, Inc.)
Revolving Commitments. (i) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon the terms and subject to the conditions herein set forth, to make revolving credit loans denominated in Dollars (each a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Period in an aggregate outstanding principal amount not to exceed, when added to such Revolving Lender’s LC ExposureExposure (if any), the Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure exceed the Total Revolving Commitment.
(ii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance with their respective based upon each Revolving CommitmentsLender’s Revolving Loan Percentage of such Revolving Loan; provided, however, that the failure of any Revolving Lender to make any Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lend.
Appears in 7 contracts
Sources: Credit and Guaranty Agreement (Spirit Airlines, Inc.), Credit and Guaranty Agreement (Spirit Airlines, Inc.), Credit and Guaranty Agreement (Spirit Airlines, Inc.)
Revolving Commitments. (i) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon the terms and subject to the conditions herein set forth, to make revolving credit loans denominated in Dollars (each a “Revolving Loan” and collectively, the “Revolving Loans”) to the either Co-Borrower at any time and from time to time during the Revolving Availability Period in an aggregate principal amount not to exceed, when added to such Revolving Lender’s LC Exposure, the Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure exceed the Total Revolving Commitment.
(ii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance with their respective Revolving Commitments; provided, however, that the failure of any Revolving Lender to make any Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lend.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Continental Airlines, Inc.), Credit and Guaranty Agreement (United Air Lines Inc)
Revolving Commitments. (i) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon the terms and subject to the conditions herein set forth, to make revolving credit loans denominated in Dollars (each a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Period in an aggregate principal amount not to exceed, when added to such Revolving Lender’s LC Exposure, the Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure exceed the Total Revolving Commitment.
(ii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance with their respective Revolving Commitments; provided, however, that the failure of any Revolving Lender to make any Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lend.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (United Airlines, Inc.), Credit and Guaranty Agreement (Delta Air Lines Inc /De/)
Revolving Commitments. (ia) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon Subject to the terms and subject to the conditions herein set forthhereof, each Lender severally agrees to make revolving credit loans denominated in Dollars (each a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Commitment Period in an aggregate principal amount at any one time outstanding which does not to exceed, when added to exceed the amount of such Revolving Lender’s LC Exposure, Revolving Commitment; it being understood that the Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with foregoing limitation shall apply to the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus and not to the LC Exposure exceed the Total Revolving Commitment.
(ii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance with their respective Revolving CommitmentsPIK Notes; provided, however, that the failure at no time shall any Lender be obligated to make a Revolving Loan in excess of such Lender’s pro rata share of any Revolving Lender to make any requested Revolving Loan based upon such Lender’s Revolving Percentage unless each Lender shall not otherwise agree in itself relieve its sole discretion. During the other Revolving Lenders of their obligations to lendCommitment Period the Borrower may use the Revolving Commitments by borrowing, prepaying the Revolving Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof.
(b) The Borrower shall repay all outstanding Revolving Loans on the Revolving Termination Date.
Appears in 2 contracts
Sources: Subordinated Credit Agreement (Virgin Mobile USA, Inc.), Subordinated Credit Agreement (Virgin Mobile USA, Inc.)
Revolving Commitments. (i) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon Subject to the terms and subject to the conditions herein set forthforth herein, to make revolving credit loans denominated in Dollars (each a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Period Commitment Period, each Revolving Lender severally agrees to make Revolving Loans to the Borrowers in an aggregate principal amount up to but not to exceed, when added to exceeding such Revolving Lender’s LC Exposure, Revolving Commitment; provided that after giving effect to the Revolving Commitment making of such Revolving Lender, which any Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time event shall the sum Total Utilization of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure Commitments exceed the Total aggregate Revolving Commitment.
(ii) Each Borrowing of a Commitments then in effect; provided, further, that each Revolving Loan shall be made from as a part of a Borrowing consisting of Revolving Loans of the same Type made by the Revolving Lenders pro rata ratably in accordance with their respective Revolving Commitments; provided, however, that . Amounts borrowed pursuant to Section 2.05 may be repaid and reborrowed during the failure Revolving Commitment Period. Each Revolving Lender’s Revolving Commitment shall expire on the Revolving Commitment Termination Date and all Revolving Loans of any such Class and all other amounts owed hereunder with respect to the Revolving Lender to make any Loans and the Revolving Loan Commitments of such Class shall not be paid in itself relieve the other Revolving Lenders of their obligations to lendfull no later than such date.
Appears in 2 contracts
Sources: First Lien Credit Agreement, First Lien Credit Agreement (Allscripts Healthcare Solutions, Inc.)
Revolving Commitments. (i) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon the terms and subject to the conditions herein set forth, to make revolving credit loans denominated in Dollars (each a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Period in an aggregate principal amount not to exceed, when added to such Revolving Lender’s 's LC Exposure, the Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure exceed the Total Revolving Commitment.
(ii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance with their respective Revolving Commitments; provided, however, that the failure of any Revolving Lender to make any Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lend.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Delta Air Lines Inc /De/), Credit and Guaranty Agreement (Delta Air Lines Inc /De/)
Revolving Commitments. (i) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon Subject to the terms and subject conditions set forth herein and in the applicable Joinder Agreement with respect to the conditions herein set forthapplicable Revolving Commitment Increase, each Revolving Lender severally agrees to make one or more revolving credit loans denominated in Dollars (each such loan, a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and Borrowers from time to time during on any Business Day prior to the Revolving Availability Period Maturity Date in an aggregate principal amount for such Lender at any time outstanding up to but not to exceed, when added to exceeding the amount of such Revolving Lender’s LC ExposureRevolving Commitment, provided that the aggregate Revolving Commitment Credit Exposure of such all Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time Lenders shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure not exceed the Total lesser of (i) the Aggregate Revolving Commitment.
Commitments of all Revolving Lenders or (ii) the Borrowing Base. Each Borrowing of a Revolving Loan shall be made from as part of a Borrowing consisting of Revolving Loans of the same Type made by the Revolving Lenders pro rata ratably in accordance with their respective Revolving Commitments; provided. Within the foregoing limits and subject to the terms and conditions set forth herein, howeverthe Borrowers may borrow, that the failure of any repay, and reborrow Revolving Lender to make any Loans hereunder. Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lendLoans may be Base Rate Loans or SOFR Loans, as further provided herein.
Appears in 2 contracts
Sources: Secured Revolving Loan Credit Agreement (StratCap Digital Infrastructure REIT, Inc.), Secured Revolving Loan Credit Agreement (Strategic Wireless Infrastructure Fund Ii, Inc.)
Revolving Commitments. (i) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon the terms and subject to the conditions herein set forth, to make revolving credit loans denominated in Dollars (each a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Period in an aggregate outstanding principal amount not to exceed, when added to such Revolving Lender’s LC Exposure, exceed the Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure exceed the Total Revolving Commitment.
(iii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance with their respective based upon each Revolving CommitmentsLender’s Revolving Loan Percentage of such Revolving Loan; provided, however, that the failure of any Revolving Lender to make any Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lend.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Alaska Air Group, Inc.)
Revolving Commitments. (i) Each During the Revolving Lender severallyCommitment Period, and not jointly with the other Revolving Lenders, agrees, upon subject to the terms and subject to the conditions herein set forthhereof, each Revolving Bank severally agrees to make revolving credit loans denominated in Dollars to Xerium (each a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Period in an aggregate principal amount up to but not to exceed, when added to exceeding such Revolving LenderBank’s LC ExposureRevolving Commitment; provided, that after giving effect to the making of any Revolving Loans in no event shall the Total Utilization of Revolving Commitments exceed the Revolving Commitments then in effect. Subject to Sections 2.13(a) and 2.14, all amounts owed hereunder with respect to Revolving Loans shall be paid in full no later than the Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure exceed the Total Revolving CommitmentTermination Date.
(ii) Each Borrowing Subject to the terms and conditions hereof, each applicable Revolving Bank agrees that on the Closing Date, the outstanding principal amount of DIP Revolving Loans owing to such Revolving Bank shall be converted into a Revolving Loan shall be deemed to have been made from by such Revolving Bank to Xerium, on the Revolving Lenders pro rata Closing Date, as set forth in accordance with their respective Revolving Commitments; provided, however, that the failure of any Revolving Lender to make any Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lend.Appendix B.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Xerium Technologies Inc)
Revolving Commitments. (i%3) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon the terms and subject to the conditions herein set forth, to make revolving credit loans denominated in Dollars (each a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Period in an aggregate outstanding principal amount not to exceed, when added to such Revolving Lender’s LC ExposureExposure (if any), the Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure exceed the Total Revolving Commitment.
(iii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance with their respective based upon each Revolving CommitmentsLender’s Revolving Loan Percentage of such Revolving Loan; provided, however, that the failure of any Revolving Lender to make any Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lend.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Jetblue Airways Corp)
Revolving Commitments. (i) Each Revolving Lender severally, and not jointly with the other Revolving Lenders▇▇▇▇▇▇▇, agrees, upon the terms and subject to the conditions herein set forth, to make revolving credit loans denominated in Dollars (each a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Period in an aggregate outstanding principal amount not to exceed, when added to such Revolving Lender’s LC ExposureExposure (if any), the Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure exceed the Total Revolving Commitment.
(ii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance with their respective based upon each Revolving CommitmentsLender’s Revolving Loan Percentage of such Revolving Loan; provided, however, that the failure of any Revolving Lender to make any Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lend.
Appears in 1 contract
Sources: Second Amended and Restated Credit and Guaranty Agreement (Jetblue Airways Corp)
Revolving Commitments. (ia) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon Subject to the terms and subject to the conditions herein set forthhereof, each Revolving Lender severally agrees to make revolving credit loans denominated in Dollars (each each, a “Revolving Loan” and and, collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Commitment Period in an aggregate principal amount not to exceedat any one time outstanding which, when added to such Revolving Lender’s LC ExposurePro Rata Share, does not exceed the amount of such Lender’s Revolving Commitment. In addition, such aggregate obligations shall not at any time exceed the Total Revolving Commitments at such time and Total Revolving Extensions of Credit shall at no time exceed Total Revolving Commitments. During the Revolving Commitment of such Period the Borrower may use the Revolving LenderCommitments by borrowing, which repaying the Revolving Loans may be repaid in whole or in part, and reborrowed reborrowing, all in accordance with the provisions of this Agreementterms and conditions hereof. At no time shall the sum of the then outstanding aggregate principal amount of the The Revolving Loans plus may from time to time be Eurodollar Loans or ABR Loans, as determined by the LC Exposure exceed Borrower and notified to the Total Revolving CommitmentAdministrative Agent in accordance with Sections 2.2 and 2.8.
(iib) Each Borrowing of a The Borrower shall repay all outstanding Revolving Loan shall be made from Loans on the Revolving Lenders pro rata in accordance with their respective Revolving Commitments; provided, however, that the failure of any Revolving Lender to make any Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lendTermination Date.
Appears in 1 contract
Sources: Credit Agreement (Demand Media Inc.)
Revolving Commitments. (i) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon the terms and subject to the conditions herein set forth, to make revolving credit loans denominated in Dollars (each each, a “Revolving Loan” and collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Period in an aggregate outstanding principal amount not to exceed, when added to such Revolving Lender’s LC ExposureExposure (if any), the Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed in accordance with the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure exceed the Total Revolving Commitment.
(ii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance with their respective based upon each Revolving CommitmentsLender’s Revolving Loan Percentage of such Revolving Loan; provided, however, that the failure of any Revolving Lender to make any Revolving Loan shall not in itself relieve the other Revolving Lenders of their obligations to lend.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Sun Country Airlines Holdings, Inc.)
Revolving Commitments. (i) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon Subject to the terms and subject to the conditions herein set forthof this Agreement, each Lender severally agrees to make revolving credit loans denominated in Dollars (each a “Revolving Loan” and collectively, the “Revolving Loans”) advances to the Borrower at any time and from time to time during from and including the Closing Date to but excluding the Revolving Availability Period Maturity Date in an aggregate principal amount at any time outstanding up to but not to exceed, when added to exceeding the amount of such Revolving Lender’s LC Exposure, the 's Revolving Commitment of such Revolving Lender, which Revolving Loans may be repaid and reborrowed as then in accordance with the provisions of this Agreement. At no time shall the sum of the then outstanding aggregate principal amount of the Revolving Loans plus the LC Exposure exceed the Total Revolving Commitment.
(ii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance with their respective Revolving Commitmentseffect; provided, however, that (a) the failure of any Outstanding Revolving Credit applicable to a Lender to make any Revolving Loan shall not in itself relieve at any time exceed such Lender's Revolving Commitment, and (b) the Outstanding Revolving Credit of all of the Lenders shall not at any time exceed the aggregate Revolving Commitments. Subject to the foregoing limitations, and the other terms and provisions of this Agreement, Borrower may borrow, prepay, and reborrow hereunder the amount of the Revolving Lenders Commitments and may establish Base Rate Accounts and Libor Accounts thereunder and, until the Revolving Maturity Date, Borrower may Continue Libor Accounts established under the Revolving Loans or Convert Accounts established under the Revolving Loans of their obligations to lendone Type into Accounts of the other Type. Accounts of each Type under the Revolving Loans made by each Lender shall be established and maintained at such Lender's Applicable Lending Office for Revolving Loans of such Type.
Appears in 1 contract
Sources: Credit Agreement (Intervoice Inc)
Revolving Commitments. (ia) Each Revolving Lender severally, and not jointly with the other Revolving Lenders, agrees, upon Subject to the terms and subject to the conditions herein set forthhereof, each Revolving Lender severally agrees to make revolving credit loans denominated in Dollars (each each, a “Revolving Loan” and and, collectively, the “Revolving Loans”) to the Borrower at any time and from time to time during the Revolving Availability Commitment Period in an aggregate principal amount not to exceedat any one time outstanding which, when added to the aggregate undrawn amount of all outstanding Letters of Credit and the aggregate amount of all L/C Disbursements that have not yet been reimbursed or converted into Revolving Loans, incurred on behalf of the Borrower and owing to such Revolving Lender, does not exceed the amount of such Lender’s LC ExposureRevolving Commitment. In addition, such aggregate obligations shall not at any time exceed the lesser of (i) the Total Revolving Commitment Commitments at such time and (ii) the Borrowing Base at such time. No Revolving Extension of such Revolving Lender, which Revolving Loans may Credit shall be repaid and reborrowed in accordance with outstanding on the provisions of this AgreementClosing Date. At no time shall the sum of the then outstanding aggregate principal amount No portion of the Revolving Loans plus the LC Exposure exceed the Total Revolving Commitment.
(ii) Each Borrowing of a Revolving Loan shall be made from the Revolving Lenders pro rata in accordance funded with their respective Revolving Commitments; provided, however, that the failure “plan assets” of any Revolving Lender to make any Revolving Loan shall not in itself relieve “benefit plan investor” within the other Revolving Lenders meaning of their obligations to lend.Section 3(42)
Appears in 1 contract